SC declares Section 6 A of the Citizenship Law valid
New Delhi| A major decision of the Supreme Court has emerged on the constitutional validity of Section 6 A of the Citizenship Act. The Court has upheld the constitutional validity of Section 6 a of the Citizenship Law. There are a total of three judgments in this decision. Justice Pardiwala has a separate judgment. Section 6 A is ruled valid by majority decision. A 5-judge constitutional bench headed by CJI Justice D Y Chandrachud also upheld the cut off date of 25 March 1971 given for the application for Indian citizenship in 6A.
The Chief Justice said that the Central Government could have implemented this Act in other areas also but it was not done. Because it was only for Assam. Because it was practical for Assam. The CJI said that the cut off date of March 25, 1971 was correct. Illegal migration from East Pakistan to Assam after independence was more than the total illegal migration to India. This meets the condition of its criteria. Section 6 A is neither less inclusive nor over inclusive.
The Supreme Court said that at that time the number of people coming to Assam from East Pakistan was much more than the people coming to India after independence. The Court’s decision means that immigrants coming from Bangladesh from 1 January 1966 to 25 March 1971 deserve Indian citizenship. Those who have got citizenship under this, their citizenship will remain intact.
According to Section 6 A of the Citizenship Law 1955 Bangladeshi immigrants who have come to Assam from 1 January 1966 to 25 March 1971 can register themselves as Indian citizens. However, foreigners coming to Assam after 25 March 1971 are not eligible for Indian citizenship.
Petitions filed in the Supreme Court stated that the demographic balance of the state had been deteriorating since 1966 due to the influx of illegal refugees from East Pakistan (now Bangladesh). The political and cultural rights of the indigenous people of the state are being violated. The government had given legal sanction to illegal infiltration by adding 6 A to the citizenship law.
